Draft and approve regulations regarding transparency and right to information (ES0091)

What is the problem/need that is desired to resolve with the commitment? The Autonomous Region has made a significant effort, from the Directorate General of Transparency and Good Governance, to organise a system of managing right of access requests, as well as to promote and coordinate the Transparency Website at the autonomous region level. However, a regulation is needed that improves the organisation instruments, and provides them with greater legal security, while it develops some matters of the procedure of the right of access that can be governed by regulations, always in developing Law 4/2011 and based on Law 19/2013 of 9 December on transparency, access to public information and good governance. It will also be taken advantage of to create some bodies of coordination regarding transparency. It is considered that the fastest processing of a regulation with respect to the new law that is also proposed, and the need to regulate some matters in which passing the regulation is sufficient, it is advised to approve this decree in advance of the law.

Objectives of the commitment To establish the administrative organisation regarding transparency, improving along with that, the management and coordination, as well as having greater efficacy and legal security in the processing of the requests for the right to access the public information.

Brief description of the commitment Approval of a decree that determines the organisation regarding transparency in the Autonomous Region of the Balearic Islands and its public sector, while also proposing the creation of a registry of requests regarding access and developing some procedural matters of this registry, which can be governed by regulation, having the participation of the interested agents during the period of public consultation and the processing of the hearing.

How does the commitment contribute to solve the problem or cover the need? Regulating the functions of the transparency units of the different ministries and the coordination unit of the DGTBG, the unit of the organisation in the public sector, as well as the creation of different bodies that are proposed for the necessary coordination and strengthening of the transparency policies and management of the right of access, can help to improve the promotion and coordination of transparency policies and managing the right of access. Likewise, the regulation of the right of access procedure, will help to give legal security to the citizenship and managers, definitively improving the effectiveness of this right.

Why is the commitment relevant with respect to the values of Open Government? It promotes, strengthens and improves the quality of participation in the public management, allowing the citizenship to participate in making public decisions with the objective of achieving better results and better democratic quality Given the processing, a prior public consultation will be carried out, and with all of the corresponding participatory proceedings during its processing (hearing and public information), which will allow enriching the debate and having contributions from the citizenship in this respect. 216 It delves deeper into transparency, open data and accountability of Public Administrations through carrying out actions aimed at its improvement and the evaluation of the results of the plans and programmes It is obvious that the approval of this regulation allows better management in relation to the active advertising and right of access obligations. The proposal of an interdepartmental Commission will help to promote and disseminate transparency. It contributes to building a system of public integrity, strengthening the ethical values and mechanisms to bolster the integrity of the public institutions and reinforce the trust of the citizenship. The approval of a regulation increases the legal security of the citizenship in exercising the right of access, which is important to guarantee said trust. It raises awareness among society and civil servants about the values of Open Government, contributing to the fulfilment of the Sustainable Development Goals of the 2030 Agenda in order to advance towards a just, peaceful and inclusive society The processing of the regulation will allow internally working on everything that is regulated between civil servants and the different governing bodies, allowing their participation, while helping to raise awareness among them of the new values of open government. Likewise, the participation in the prior consultation and the public information during the processing will allow this awareness raising in the scope of society. The media impact of the approval of the regulation will also carry the message of transparency in society.

Additional information Activities of the commitment Start date End date Prior public consultation 01/10/2020 31/10/2020 Preparing the draft of the regulation and MAIN draft. 01/11/2020 31/12/2020 Internal consultations, hearing and public information. 01/01/2021 31/03/2021 Final drafting and general secretary report. Mandatory opinions and approval by the Council of the Government 31/03/2021 30/06/2021